ML20055J227
| ML20055J227 | |
| Person / Time | |
|---|---|
| Issue date: | 05/30/1990 |
| From: | Curtiss J NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9008010222 | |
| Download: ML20055J227 (7) | |
Text
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j A F F I R _ M A T I 0 N V ET,*1" SED TO THE PDR I
RESFDNSE_SHEEIi 7At 7/ao
'date /
a n............in4'..Is.....:
I TO:
SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM:
C0MISSIONER CURTISS L
4
SUBJECT:
SECY-90-178 - FINAL RULE ENTITLED, " STORAGE 0F SPENT NUCLEAR FUEL-IN NRC-APPROVED STORAGE CASKS AT NUCLEAR POWER REACTOR 4
SITES" AND OTNER CONFORMING AMENDMENTS TO 10 CFR PARTS 50 AND 170 APPROVED.sm/with DISAPPROVED ABSTAIN X
ummat 4
i NOT PARTICIPATING REQUEST. Discussion COMENTS:
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See attached comments.
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SIGNATURE RELEASE VOTE
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May 30. 1990 DATE WITHHOLD VOTE
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d ENTERED ON "AS" YES x NO gf $
1828A8ss!$288 cosneseon oe sce eoc...-.
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l and review by the NRC of technical docusL.'its required in 8 72.212 and that these documents should be placed in the public document rooms for inspection by the public.
A condition of the general license is that a reactor licensee Response.
must determine whether activities related to storage of spent fuel at the reac-tor site involve any u.1 reviewed safety question or requits any change in tech-f nical specifications. This written determination becomes part of the reactor l
licensee's records. Under 10 CFR 50.59, an unreviewed safety question is involved if (1) the p'robability of occurrence or the consequences of an i
i accident or malfunction of equipment important to safety previously evaluated in the SAR may be increased; or (2) if a possibility for an accident or malfunction of a different type than any evaluated previously in the SAR may be created; or (3) if the margin of safety as defined in the basis for any technical specification is reduced.
If the evaluation made under 10 CFR 50.59 t
i reveals any unreviewed safety question or if use of a cask dasign requires any change in technical specifications or a facility license amendment is needed for any reason, then c6sks of that design canno used to stio,re spent. fuel M df0Wr 6 ##C
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to the under the general license.
The reactor licensee gasisthosechnge facility license necessary to use the desired cask design, use a different cask design, or apply for a specific license under 10 CFR Part 72.
If the reactor licensee chooses to make changes to accommodate the desired cask design, e.g.,
revise technical specifications, an application for a license amendment would have to be submitted under 10 CFR 50.90.
3.
Comments.
It appears that a hearing would be mandated under the Act, as spent fuel storage under the general license would irivolve a license amend-wnt. The commenter argued that nuclear power reactor ?.icenses contain a 7
s-Another commenter stated that storage of spent fuel from two or more reactors inevitably makes the host site a de facto regional repository, without the same Another commenter benefit of review and discussion given the regional site.
suggested that the amount of. spent fuel stored on a site should be limited to Themajorconcernof that amount produced by the site's reactor sperations.
these commenters appeared to be that spent fuel from a number of reactors would t*
be deliberateiy accumulated and stored at one reactor site under this general ll license.
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This rulemaking is not concerned with transfer or shipment of Response.
spent fuel from one reactor site to another.
As explained in the discussion of the proposed rule (54 FR 19379), transfer of spent fuel from one reactor site actor's j
to another must be authoriz d.by ^^ r " nt te the recejving
!TL keh.
tin em!L an'L& ttlgMA4 M ;n;i.-6 ntfer d6nducted under the operating licensg9f ch axM M :
regulations in 10 CFR Part 50.
The transportation of the spent fuel is subject to the regulations in 10 CFR Part 71. This rulemaking is not germane to either spent fuel transfer or transportation procedures.
The NRC anticipates that, beginning in the early 1990s, there will be a significant need for additional This was a major spent fuel storago capacity at many nuclear power reactors.
reason for initiating this rulemaking at this time.
Dry storage of spent fuel in casks under a general license would alleviate the necessity of transferring spent fuel from one reactor site to another.
The Commission should reconsider a petition for rulemaking 5.
Comment.
submitted by the State of Wisconsin. The petition requested that the NRC expand the scope of its regulations pertaining to spent fuel transport "to ensure that both the need for and the safety and environmental consequences of I
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10 CFR Part 72, credit has not been accepted in reviews conducted under however, regulatory guides may be issued in the future.
What will a current reactor licensee have to
- 19. Comment.
general license?
8 72.212(b), a power reactor licensee must (1)
As specified in t
ge will be in Resoona_e.
perform written evaluations r %:mebc that spent fuel s ora u spliance and that there is no unre-compliance with a cask's ( v i A o+:' M w i:a1 specifications invol viewed safety questio'n or cfr ne fuel in casks, (2) activities at the reactor relatu n wm storage of spent (3) notify NRC prior provide adequate safeguards for the spent fuel in storage, is used, and (4) keep to first storage of spent fuel and whenever a new cask records of spent fuel storage and related activities.
Could the general license be used to store spent fuel b 20.
Comment.
Several utilities hold operating the term of the reactor operating license?
to when an licenses at more than one site; thus, clarification is needed as license.
cperating license is terminated and how licensees may use A licensee who holds reactor operating licenses at more t Responsa.
A licenses who holds ene site must notify NRC for each site involved.
ite need cperating licenses for more than one reactor located on a sin notify NRC only once.
Spent fuel can be stored on a site only as long as there is fuel is authorized reactor with a valid license or the p{ossession of l
8 fM e kcMk l
undersomeotherregulatio{y0 i tion of the f
CFR 50.82, under which any reactor licensee may apply for tem n When the reactor is put operating license and to decommission the facility.
f i
ld be into a condition in which it cannot operate, the operating licens j
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Jl Paragraph 72.238 should be revised to read "The criteria in 31.
Comment.
8 720236(a) through (1) and (a)."
! I Paragraph 72.236(m) states that, to the extent practicable inf Response.
f the j
the design of casks, consideration should be given to the compatibility dry storage cask system and components with transportation an i
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l related to the removal of the stored spent fuel from the reactor sf 00E is developing repository storage designs that l
mate disposition by DOE.
l lwillbeacceptableforuseattheirpermanentspentfuelstorag orage casks for However, specific criteria for designing spent fuel compatibility may not be available until the design for a high-level wa Revision of f 72.238 is not considered to be repository is complete.
1 8 72.236(m) have appropriate at this time, although requirements in proposed i
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been retained separately, i
The environmental assessment fails to confom to the 32.
Comment.
requirements of the National Environmental Protection Act of 1969 l
the guidelines of the Council on Environmental quality (CEQf.
The Commission's regulations for implementing Section 102(2) of l
f Response.
NEPA in a manner consistent with NRC's domestic licensing and rela i
i tory authority under the Atomic Energy Act are set forth in 10 CFR P i
1 l
1984 (49 FR 9352) taking into f
These regulations were revised in March ofThe environmen account the guidelines of CEQ.
f performedin(cEp ornity with the agency's environssntal review procedures in 10 CFR Part $1 and thereby conforms to NEPA require i
While the public notice provides a list of documents which 33.
Comment.
is centain current information, a supplemental environmental impact sta 1
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b Availability yp Finding of No Signific nt Environmental Iapects hl sif ental Policy Act
<g i
The Commission has determined under the National Env ro g
of 1969, as amended, and the Comeission's regulat on jor Federal action signi-(qp i
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Part 51, that this rule, if adopted, would not be a ma and therefore AMI' d//
h t
ficantly affecting the quality of the h: man environmen,The finding is Environmental Impact Statement (CS) is not required.
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ting reacter for a en two actions, which are (i) the licensing of an operaly prepare cf l1 i
g particular site for which an EIS has been prev ous for use at any reactor g]
independent certification of spent fuel storage casks l impacts and p
Thus, the rule does not add any significant environmenta d The environmental askassment and 1:]
l site.
does not change any safety requirements.
tion is based are V
finding of no significant impact en which this determinaRoom 21 f
available for inspection at the NRC Public Document h
()
I, l
Washington, DC.
l Papemork Reduction Act Statement l'
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l t that are This final rule amendt, information collection requiremen s These (44 U.S.C. 3501 et seq.).
i subject to the Paperwork Reduction Act of 1980 t and Budget with approval requirements were approved by the Office of Managemen 3150-0011 and 3150-0132.
i is estijasted to Public reporting burden for this collection of infomat on numbers licensee and 2,448 hours0.00519 days <br />0.124 hours <br />7.407407e-4 weeks <br />1.70464e-4 months <br /> per J
average 134 hours0.00155 days <br />0.0372 hours <br />2.215608e-4 weeks <br />5.0987e-5 months <br /> per response for a power reactor i wing instructions, 1
response for a cask vendor including the time for rev ei t i ing searching existing data sources, gathering and ma n a n i
Send comments f
completing and reviewing the collectWn of informat on.
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.zii' Issuance of an HE Certificate of Compliance.
.* A Certificate of Compliance for a cask model will be issued by NRC on a 1
i finding that the requirements in 5 72.236(a) through (1) are met.
Conditior.s for spent fuel storace cask rencoroval..
I 72.240 j
The holder of a cask Certificate of Complianco, a user of a cask j
(a) l for a cask
-approved by NRC, or t.he representative of.a cask user must app y i
model reapproval..
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The application for reapproval of a cask model must be submitted.no L
Certificate of
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-(b) less than 30 p
r,toj p
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tit j fthe existing Certificate'of Compliance W11T not expire un Compliance a
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ov a.
The the application for tenilwe4 'has been finally determined by the Cuission 4
The new SAR q-application must be accompanied by a safety analysis report (SAR).
. jj l) ary reference the SAR originally submitted for the cask model appteval. !
8 72.238 are met, and (c) A cask model will be reapproved if conditions in the application includes a demonstration that the storage of spent. fue in fact significantly adversely affected structures, systems. and componen i
important to safety.
PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES The authority citation of Part 50 continues to read as follows:
5.
Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, l'
AUTHORITY:
as amended, sec. 255, 83 Stat. 1244, as-937. 938, 948, 953, 954, 955, 956, L
amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236 i
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